FCC Considers NCE FM Application Cap for October Filing Window

August 13, 2007

Washington - Aug 9, 2007 - On April 4, 2007, the Federal Communications Commission announced a filing window from Oct. 12, 2007 until Oct. 19, 2007, for FM reserved-band applications for noncommercial educational (NCE) FM new station and major change applications. At that time, the FCC reserved the right to establish a limit on the number of NCE applications allowed by a single party.

After the NCE FM filing window was announced, several parties involved in NCE FM station operations filed proposals to limit the number of NCE FM applications that any party may file during the filing window. The proposals uniformly express concern that failure to establish a limit on the number of NCE FM applications from a single party would lead to a large number of speculative filings, creating the potential for extraordinary procedural delays. The FCC agrees to the likelihood of this possibility.

The FCC proposes that an applicant may hold no more than 10 applications filed in the window. If the FCC finds that an applicant has an interest in more than 10 applications, the FCC will retain the 10 applications filed first and dismiss all other applications. Major modification applications will not count toward the limit. Pending new and major change applications filed under former licensing procedures also will not count toward the limit.

The FCC seeks comments on this proposed limit. Comments are due 15 days after date of publication in the Federal Register, and reply comments are due 25 days after date of publication in the Federal Register. All filings must be submitted in MM Docket No. 95-31.